The previous draft of this paper has been greatly expanded to include a discussion of potential practice changes in the wake of the Constitutional challenge posed by Oil States Energy Services, and ...
The USPTO has issued a Notice of Proposed Rulemaking (here) that would streamline the Trademark Rules of Practice by removing certain regulations concerning trademark interferences. The proposed action is consistent ...
Opposer HOOS, an LLC founded by University of Virginia graduate James Creekmore, opposed the application of intrastate rival Virginia Tech to register the mark HOKIE for various educational and entertainment services, on ...
Attached is a discussion draft of a paper concerning post grant patent challenges at the PTO in view of current case law, including a Supreme Court case to be argued next month. ...
The captioned paper (attached) explores patent validity challenges at the PTO are now under fire in the Restasis case, Allergan, Inc. v. Teva Pharmaceuticals USA, Inc.(on its way to the Federal Circuit), as ...
The USPTO refused registration of the mark BAZAAR HOME, finding it merely descriptive of "Retail and online retail store services featuring furniture, home décor items, bedding and kitchenware." On appeal, applicant ...
Applicant Soundscape, Inc. pulled out all the stops but its arguments for reversal of this Section 2(d) refusal failed to move the TTAB. The Board affirmed the refusal to register ...
On Monday November 27, 2017, in the Oil States and SAS Institute cases, the Supreme Court entertains oral arguments dealing withinter partes review (IPR). Merits decisions in both cases are expected before the Court completes ...
Today in Smart Systems Innovations, LLC v. Chicago Transit Authority, __ F.3d __, __, CAFC App. No. 2016-1233(Fed. Cir. 2017)(Linn, J., dissenting in part and concurring in part), the Court once again denied patent-eligibility ...
Applicant Coastal Sunbelt sought to register the mark SUNBELT ORGANIC, in standard form and in several design forms, for "organic foodstuffs, namely, salsa" and "processed organic fruits and vegetables" [ORGANIC ...